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Full-Text Articles in Law
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Scholarly Articles
When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.
The Future Of Internet-Related Personal Jurisdiction After Goodyear Dunlap Tires V. Brown And J. Mcintyre V. Nicastro, Megan M. La Belle
The Future Of Internet-Related Personal Jurisdiction After Goodyear Dunlap Tires V. Brown And J. Mcintyre V. Nicastro, Megan M. La Belle
Scholarly Articles
For the past two decades, courts have struggled with the question of how Internet-related contacts should be treated in the personal jurisdiction analysis. Some courts have utilized the traditional minimum contacts framework of International Shoe v. Washington , while others have devised new tests to accommodate this technological evolution. So when the US Supreme Court granted certiorari in two personal jurisdiction cases last term— Goodyear Dunlap Tires v. Brown and J. McIntyre v. Nicastro — many believed these unsettled questions of Internet related personal jurisdiction would finally be resolved. Disappointingly for litigants, lower courts, and academics, however, Goodyear and McIntyre …
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?, Megan M. La Belle
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?, Megan M. La Belle
Scholarly Articles
In the 1990s, when the Internet was still considered novel, courts struggled with the question of how Internet-related contacts should be treated in the personal jurisdiction analysis. So when Zippo Manufacturing v. Zippo DOT Com established an apparently easy-to-apply test for deciding whether a defendant’s virtual contacts are sufficient for personal jurisdiction, many courts embraced it . To date, however, the Federal Circuit has neither adopted nor rejected the Zippo approach, leaving litigants and lower courts in patent cases with little guidance on the issue. Although a recent decision suggests that the Federal Circuit recognizes the limitations of Zippo, it …
Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Scholarly Articles
The Supreme Court weighs in for a second time in the more than 5-year-old court battle over whether the Child Online Protection Act drafters have rectified the constitutional defects of the Communications Decency Act, which the Court struck down in 1997 on First Amendment grounds. In an effort to cure the CDA's lack of "narrow tailoring," the drafters of COPA have more narrowly defined the speech that is being regulated and have also narrowed the speakers who are subject to regulation.
Technology And The Internet: The Impending Destruction Of Privacy By Betrayers, Grudgers, Snoops, Spammers, Corporations And The Media, Clifford S. Fishman
Technology And The Internet: The Impending Destruction Of Privacy By Betrayers, Grudgers, Snoops, Spammers, Corporations And The Media, Clifford S. Fishman
Scholarly Articles
This Article reviews how the Internet and related developments-technological, social, and legal-have magnified the threat to privacy posed by private individuals, commercial enterprises, and the media. It offers a brief overview of the current threats to privacy from sources other than the government, and, in particular, the impact of the Internet in creating or magnifying those threats. Part I discusses the threat to privacy in general, examining how the Internet and developments in surveillance technology, in information storage and retrieval, in dissemination of information, sound, and images, and changes to the informal "social contract" that defines general standards have all …
Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer
Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer
Scholarly Articles
The Children's Internet Protection Act contains filtering provisions for public libraries that condition the receipt of federal assistance for Internet access and related services on libraries' operation of technological measures that block all patrons' access to obscene and pornographic materials and also block minor patrons' access to material that is "harmful to minors." Now the Supreme Court has agreed to review a trial court's decision that enjoined the government from enforcing these filtering provisions on the basis that they are facially invalid under the First Amendment.
May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer
May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer
Scholarly Articles
The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.